| 1 | 1 | | 89R11044 RAL-D |
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| 2 | 2 | | By: Simmons H.B. No. 3155 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the disclosure of fees by certain landlords in |
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| 10 | 10 | | residential rental application transactions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter I, Chapter 92, Property Code, is |
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| 13 | 13 | | amended by adding Section 92.356 to read as follows: |
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| 14 | 14 | | Sec. 92.356. DISCLOSURE OF FEES BY CERTAIN LANDLORDS. (a) |
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| 15 | 15 | | This section applies only to a landlord who leases five or more |
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| 16 | 16 | | dwellings. |
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| 17 | 17 | | (b) At the time an applicant is provided with a rental |
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| 18 | 18 | | application, the landlord shall provide to the applicant a list of |
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| 19 | 19 | | all fees, including the dollar amount of each fee, that the landlord |
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| 20 | 20 | | intends to charge the applicant. The fees include: |
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| 21 | 21 | | (1) all fees associated with applying for, reserving, |
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| 22 | 22 | | and beginning the lease term at a dwelling, including: |
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| 23 | 23 | | (A) application fees; |
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| 24 | 24 | | (B) application deposits; |
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| 25 | 25 | | (C) processing fees; |
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| 26 | 26 | | (D) utility connection fees; |
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| 27 | 27 | | (E) hold fees; and |
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| 28 | 28 | | (F) administrative fees; |
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| 29 | 29 | | (2) all fixed, recurring fees that the landlord |
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| 30 | 30 | | intends to charge the tenant under a written lease, including: |
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| 31 | 31 | | (A) pest control fees; |
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| 32 | 32 | | (B) facilities fees; |
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| 33 | 33 | | (C) trash collection fees; and |
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| 34 | 34 | | (D) insurance fees; and |
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| 35 | 35 | | (3) any fees for optional services or amenities that |
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| 36 | 36 | | the applicant may opt into or is opted into automatically, |
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| 37 | 37 | | including: |
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| 38 | 38 | | (A) cable and technology package fees; |
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| 39 | 39 | | (B) waiver deposit fees; |
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| 40 | 40 | | (C) pet fees; |
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| 41 | 41 | | (D) parking fees; and |
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| 42 | 42 | | (E) payment type fees. |
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| 43 | 43 | | (c) An applicant is not obligated to pay a fee described by |
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| 44 | 44 | | Subsection (b) that is not disclosed as required by that |
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| 45 | 45 | | subsection. |
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| 46 | 46 | | (d) A landlord who violates this section is liable to the |
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| 47 | 47 | | applicant for an amount equal to the amount of a fee that was |
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| 48 | 48 | | charged and collected but not disclosed in accordance with this |
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| 49 | 49 | | section. |
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| 50 | 50 | | SECTION 2. This Act takes effect September 1, 2025. |
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